A. Vacant Building Plan Of Action: Unless waived in writing by the director at the time of his or her determination that the building is a "vacant building", or by the director within forty-five (45) days of the date the vacant building is registered by the owner or owners pursuant to section 9-25-6 or by the mortgagee pursuant to section 9-25-7, the owner or owners, or where the owner or owners fail to do so, the foreclosing mortgagee, shall submit a vacant building plan of action within forty-five (45) days of registering a vacant building as required in this chapter. The director may prescribe a form for the plan. If the owner or owners, and if applicable the foreclosing mortgagee, fail to submit a vacant building plan of action, unless waived in writing by the director and as provided in this subsection, the director may determine the plan, which he may allow to be modified after conducting a code compliance inspection and follow up inspections for code compliance. The plan shall contain the following as a minimum, unless the director proposes a less detailed plan that is accepted by the owner or owners, or the foreclosing mortgagee, and the same is executed by the owner or owners, or the foreclosing mortgagee, and is filed with the department within said thirty (30) days. The failure of the director to propose a vacant building plan shall not relieve any owner or owners or a foreclosing mortgagee, if any, from submitting its own vacant building plan or extend the time period for the owner or owners or foreclosing mortgagee to comply with this section.
1. The proposed repair shall result in openings being secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type with board removed. A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured or covered by any means other than conventional methods used in the design of the building or permitted for new construction or similar type. Boarding shall be accomplished with materials and methods described by the director and available from the director. The owner or owners, or the foreclosing mortgagee when the owner or owners fail to do so, shall maintain the building in an enclosed and secure state until the building is reoccupied or made available for immediate occupancy. If the owner, or foreclosing mortgagee, demonstrates that securing of the building will provide adequate protection to the public, the director may waive the requirement of an enclosure.
2. For buildings and/or premises which are determined by the director as being or containing public nuisances, as defined in section 9-25-3 of this chapter, then the vacant building/premises plan shall contain a plan of action to remedy such public nuisance(s).
3. A time schedule identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and nuisance identified by the director.
4. When the owner, owners or foreclosing mortgagee proposes to demolish the vacant building, then the owner, owners or foreclosing mortgagee shall submit a plan and time schedule for such demolition. The owner shall ensure all necessary permits and approvals are obtained prior to commencing demolition.
5. A plan of action to maintain the building and/or premises thereof in conformance with this chapter.
6. A plan of action, with a time schedule, identifying the date the building will be habitable and occupied or offered for occupancy or sale. The time schedule shall include date(s) by which all necessary permits shall be procured, date(s) of commencement and completion of all actions required to achieve habitability. No plan which fails to provide for compliance with this chapter or, which will not, as determined by the director, achieve such compliance, within thirty (30) days, in the case of a vacant boarded building, and within one year, in the case of a vacant, un-boarded, and code compliant building will be approved, except that the director may approve an extension of the time during which the building will be unoccupied beyond one (1) year to a date certain but then only based upon clear and documented evidence of good cause shown by the owner as determined by the director.
B. All premises upon which unoccupied or vacant buildings are located shall at all times be maintained in compliance with this code, as amended, including, but not limited to, the following:
1. Interior: All interior structures shall be maintained in a clean, safe, secure and sanitary condition. Special attention shall be made to utilities and, if applicable, sump pumps and other related devices shall be kept operational. Winterization of structures shall be completed as necessary.
2. Exterior: All exterior structures and property shall be maintained and kept free of items that give the appearance that the property is abandoned, including, but not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, fliers and/or mail, past due utility notices and/or disconnected utilities, or the accumulation of junk or debris.
3. For vacant commercial property exterior lighting shall be maintained according to standards established by the director and available from the director.
4. For vacant commercial property, all ground floor windows facing street frontage, including, but not limited to, all display windows in unoccupied or vacant commercial buildings shall be kept in a well maintained and clean condition and shall be covered on the interior side in a professionally finished manner with an opaque window covering material manufactured for that purpose and approved by the director, or in the case of display windows, such windows shall be kept in a well maintained and clean condition and the display area shall be enclosed with a professionally finished backdrop, floor, side walls and ceiling all of which shall be kept in a well maintained and clean condition and shall be well lighted from ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. each day unless waived by the director in the event electricity has been shut off to the commercial building. Photographs, paintings and other works of art or other tasteful forms of decoration may be professionally displayed in these properly enclosed clear glass display windows. If opaque window covering material is used, a one foot by one foot (1' x 1') clear glass opening through which the interior space is clearly visible shall be maintained at standing eye level along one edge of one such window.
C. Security Guard Service: In the event the director makes a written determination that the vacant commercial or industrial building constitutes a fire hazard, is otherwise dangerous to human life or the public welfare, involves illegal or improper use, occupancy, or maintenance, under such conditions that securing the building is insufficient to prevent the actual or threatened harm, the director shall provide notice thereof to the owner and may require the owner to provide bonded, licensed and insured security guard service at the building between the hours of four o'clock (4:00) P.M. and eight o'clock (8:00) A.M. as part of its vacant building plan.
D. Additional Information Posted: Affix to any building which is boarded, a weatherproof eight and one-half inch by eleven inch (8.5" x 11") sign which provides the following information: the name, address, and telephone number of the owner, the name, address and telephone number of the owner's agent authorized to accept notice and service of process and in addition, for buildings which are the subject of a foreclosure proceeding, the name, address, and telephone number of the foreclosing mortgagee, and the name, address, telephone number of the foreclosing mortgagee's agent authorized to accept notice and service of process on behalf of the foreclosing mortgagee. The sign must be placed so that its message is legible from the public way. (Ord. 2020-56, 6-16-2020)